Council Directive 80 /215/EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat-based products lays down in Article 12 of Council Directive 80 /215/EEC that, until the application of the Community health rules on imports from third countries shall not be more favourable than those laid down in that Directive. Royal Decree 1066/1990 of 27 July 1990 laying down the animal health requirements to be met by meat products intended for intra-Community trade and imported from third countries into Spanish law Directive 80 /215/EEC lays down in Article 13 that imports of meat products from third countries must comply with the same animal health requirements as those from another Member State of the EEC.

Council Directive 89 /227/EEC of 21 March 1989 amending Council Directives 72/462/EEC of 12 December 1972 and 77 /99/EEC of 21 December 1977 in order to take account of the establishment of health and animal health rules to regulate imports of meat products from third countries, in particular the health rules to which Directive 80 /215/EEC referred to it. reference.

It is therefore necessary to incorporate into Spanish legislation the animal health requirements laid down in Council Directive 89 /277/EEC in accordance with the State competence contained in Article 149.1.10 and 16 of the Constitution and repeal of Article 13 of Royal Decree 1066/1990 of 27 July 1990.

For this purpose, on a proposal from the Minister for Agriculture, Fisheries and Food and after deliberation by the Council of Ministers at its meeting on 12 June 1992,

DISPONGO:

Article 1.

This Royal Decree is intended to establish animal health requirements to be met by meat products imported from third countries, prepared with fresh meat from domestic animals of the bovine species (including buffaloes and bison), swine, sheep, goats and domestic solipeds.

Article 2.

For the purposes of applying this Royal Decree the following definitions shall apply:

: The veterinarian designated by the competent central authority of a third country.

: The Member State of destination to which meat products from a third country are issued.

: The country to which the Directives on intra-Community trade do not apply to it.

: The introduction into the Spanish territory of meat products from third countries.

Article 3.

Are excluded from the scope of this Royal Decree:

1. Meat products made from fresh poultry meat.

2. Meat products prepared with the fresh meat referred to in Article 5 of Directive 64 /433/EEC and in the corresponding provisions of Article 20 of Directive 72 /462/EEC.

Article 4.

This Royal Decree will not apply:

(a) To meat products other than those referred to in point (d) contained in the personal luggage of travellers and intended for their own consumption, in so far as the quantity transported does not exceed 1 (a) kg per person and provided that they come from a third country on the list established in accordance with Article 5 and that imports are not prohibited in accordance with Article 7.

(b) meat and meat products other than those referred to in point (d) which are the subject of small consignments directed to private persons, provided that they are imports devoid of any character (a) in so far as the quantity issued does not exceed 1 kg and provided that they come from a third country or part of a third country appearing on the list established in accordance with Article 5 and which are not prohibited imports in accordance with Article 7.

(c) To meat products which are, in terms of supplies of personnel and passengers, on board means of transport engaged in international transport. When such products are discarded on the basis of meat or kitchen waste, they must be destroyed. However, it shall be possible not to use the destruction when the meat products pass directly or after being placed provisionally under customs control, from that means of transport to another.

(d) To the extent that the quantity does not exceed 1 kg for meat products which have been subjected to heat treatment in an airtight container whose value Fo is greater than or equal to 3,00, contained in the personal luggage of passengers and intended for their personal consumption or in the form of small consignments addressed to private individuals, provided that they are imports of no commercial character.

Article 5.

The countries, or parts thereof, of which the import of meat products is authorised are those listed in Council Decision 79 /542/EEC of 21 December 1976 and set out in Annex C to this Royal Decree, without prejudice to subsequent amendments, which will also be published in the Official Journal of the State.

Article 6.

The list of meat industries from which the importation of meat products may be authorised shall be the list established by the Commission of the EEC.

Article 7.

1. Without prejudice to paragraph 2, meat products imported from third countries shall be produced from or with fresh meat:

complying with animal health conditions laid down in Chapter III of Royal Decree 110/1990 of 26 January laying down the animal health conditions to be met by fresh meat intended for human consumption intra-Community trade and imports from third countries, as well as any specific animal health conditions which may be applied, or

from another Member State provided that such meat:

(a) Cumplan with the rules laid down in Council Directive 80 /215/EEC of 22 January, which is incorporated into the Spanish legal order by means of Royal Decree 1066/1990 of 27 July 1990 laying down the requirements of animal health to be collected by meat products intended for intra-Community trade and imported from third countries.

(b) Have been led, under veterinary control, to the processing establishment either directly or after being stored in an approved cold store.

c) Before being treated, they have been checked by an official veterinarian to ensure that they are still suitable for treatment in accordance with Community legislation.

2. However, the Spanish State may not, for reasons of animal health, object to the importation of meat products from a third country or a part of the country listed in the list of authorisations for drawn up in accordance with Article 5, but from which the importation of fresh meat has not been authorised or prohibited, provided that such products meet the following requirements:

(a) Proceed from an establishment which, in compliance with the general conditions of authorisation, has a special authorisation for that type of production.

(b) They have been obtained from or with the fresh meat as defined in paragraph 1, or with meat from the country of manufacture which must:

Comply with animal health requirements for each case to be established by the EEC, depending on the health status of the country of manufacture.

Proceed from a slaughterhouse specially approved for the delivery of meat to the establishment referred to in point (a).

Be provided with the official stamp established by the EEC.

(c) Hayan has been subjected to heat treatment in a hermetically closed container, the value of which is greater than or equal to 3,00.

Other treatments may be authorised according to the animal health status of the exporting country.

3. Without prejudice to the provisions of paragraph 2, if a third country appearing on the list established in accordance with Article 5 of this Royal Decree appears or extends an epizootic liable to be transmitted by the products (a) meat and meat products shall be prohibited, whether directly or indirectly, by means of the animal health or animal health of the country of destination or if any other animal health reason justifies it. another Member State, either from a third country or from a single part of its territory.

Article 8.

In addition to the requirements laid down in Article 7 of this Royal Decree, meat products for importation must:

1. Have been obtained in an establishment approved for the export of meat products.

2. To proceed from an establishment meeting the Community health requirements.

3. Have been obtained from:

a) Fresh Carnes:

From an establishment appearing on one of the lists drawn up in accordance with the procedures laid down in the Community rules referred to in the Royal Decrees 1728/1987 of 23 December 1987 and 110/1990 of the January 26.

That meet the requirements of the community health requirements.

(b) In the case of application of Article 7 (2) of this Royal Decree, they comply with the specific requirements set by the country of manufacture.

(c) Meat products obtained in an establishment which are listed either in the list drawn up in accordance with Article 6 of this Royal Decree or in the lists of meat industries authorised by each Member State. to participate in intra-Community trade in meat products.

4.

Comply with the general community requirements established for the meat industries, and in particular:

(a) Haber has been subjected to heating, salting, salting or desiccation of the associated fresh meat or not to other food products or to a combination of these treatments.

(b) Haber has been subjected to a check carried out by an official veterinarian in accordance with Community rules. In the case of hermetic containers, the specific Community rules shall be complied with.

In order to carry out such control, the official veterinarian may count on auxiliaries who are under his responsibility. Such auxiliaries shall:

-To be designated by the competent central authority of the exporting country, in accordance with the provisions in force.

-Post proper training.

-Poseer a legal status that guarantees its independence from those responsible for the establishments.

Do not have any decision-making power on the final result of the control.

(c) Packaging or packaging operations, when required, shall be carried out in accordance with Community rules.

(d) be provided with an official health seal which satisfies the Community market conditions with the mention of the third country of origin, accompanied by the veterinary approval number of the establishment of origin.

(e) To be stored and transported to the Community under satisfactory hygiene conditions with Community standards and handled under satisfactory hygiene conditions. In meat products which have undergone incomplete treatment, the manufacturer must make it clear and legible on the packaging and packaging of the product, the temperature at which it is to be transported and the packaging of the product. storage as well as the period during which it may be guaranteed to be placed on the market in this way.

5. Not having been subjected to ionising radiation.

Article 9.

1. The health authorization for the importation of meat products shall be conditional upon the presentation of a health certificate and a veterinary inspection certificate, completed by an official veterinarian of the exporting third country.

2. Such certificates shall:

(a) Be drawn up at least in the official Spanish language of the State, whether Spain is a country of destination, or whether the import controls provided for in Articles 10 and 11 of this Royal Decree are carried out.

b) To accompany meat products to the original copy.

c) Constar of a single document.

d) Be intended for a single recipient.

The health certificate must conform to the model established by the EEC Commission.

3. The certificate of veterinary inspection shall correspond, in its presentation and content, to the model set out in Annex A and to be delivered on the day of loading of the meat products for dispatch to the country of destination.

Article 10.

1. Meat products shall be subject to a health check carried out by the veterinary inspection of customs, irrespective of the customs procedure under which they have been declared, without delay on arrival in the national territory.

2. Without prejudice to the provisions of paragraph 3, the import shall be prohibited where such check reveals that:

Meat products do not come from the territory or part of the territory of a third country as referred to in Annex C to this Royal Decree.

Meat products come from the territory or part of the territory of a third country from which imports are prohibited in accordance with Article 7.3.

The health certificate accompanying the meat products does not comply with the conditions laid down in Article 9 (1) and (2) of this Royal Decree.

3. The transport of meat products from a third country to another third country is authorised provided that:

(a) The interested party provides proof that the first third country to which the meat products are shipped, prior to transit through the national territory, undertakes not to refuse or to re-issue to the latter the meat products from which the import or transit is authorised.

(b) This transport is authorized by the Directorate-General for Agricultural Production of the Ministry of Agriculture, Fisheries and Food.

(c) Such transport is carried out by the territory of the Community without rupture of the chain, in vehicles or containers sealed by the veterinary inspection of customs and under its control. The only manipulations authorized during that transport shall be those carried out, respectively, at the point of entry into or out of the territory of the Community for the direct transhipment of a vessel or an aeroplane to any other means of transport, or the reverse.

4. All expenditure incurred in connection with the application of this Article shall be borne by the consignor, the consignee or his representative.

Article 11.

1. Each consignment of meat products shall be subject to a health check before it is intended for consumption in the national territory and for a health check carried out by the veterinary inspection of customs.

The importers will be obliged to communicate, at least two working days in advance, to the Ministry of Agriculture, Fisheries and Food, through the Directorate-General for Health of Agricultural Production, and to the veterinary inspection services at the customs office of entry where the meat products shall be submitted to the control, specifying the quantity, the type of meat product and the time from which the check may be carried out.

2. The health check provided for in paragraph 1 shall be carried out by random sampling in the case of the imports referred to in Articles 7 and 8 of this Royal Decree. In particular, it shall aim to verify, in accordance with the provisions of paragraph 3:

(a) The certificate of veterinary inspection, the conformity of the meat products with the stipulations of that certificate and the marking.

b) The state of conservation and the presence of soil and pathogens.

c) The presence of residues of substances mentioned in Standard V 2.5 of Royal Decree 1728/1987 of 23 December.

d) If manufacturing has been carried out in establishments approved for this purpose.

e) The transport conditions.

3. The detailed rules for implementing the checks referred to in paragraph 1, and in particular the methods of analysis, the frequency and the sampling rules, shall be those laid down by the Commission of the EEC.

4. The placing on the market of meat products shall be prohibited where it has been established, in the checks provided for in paragraph 1, that:

Meat products are unsuitable for human consumption.

The conditions laid down by this Royal Decree and the Community rules relating to meat industries are not met.

One of the certificates referred to in Article 9 accompanying each of the items does not satisfy the conditions laid down in that Article.

5. Where meat products cannot be imported, they must be rejected if they do not preclude public health or animal health considerations. If rejection is impossible, they must be destroyed.

However, and at the request of the importer or his representative, their introduction into the national territory may be authorised for other uses other than human consumption, provided that there is no danger to persons or persons animals and that meat products come from a country appearing on the list established in accordance with Article 5 and in which imports are not prohibited in accordance with Article 7.

6. In any case, after the checks referred to in paragraph 1, the certificates must contain a statement indicating the destination reserved for the meat products.

Article 12.

The meat products of each consignment, the putting into circulation in the Community of which has been authorized by another Member State on the basis of the checks referred to in Article 11 (1), to be introduced into national territory, shall be accompanied by the corresponding certificate set out in Annex B to this Royal Decree.

This certificate must:

(a) Be completed by the official veterinarian at the checkpoint or the place of storage.

(b) To be delivered on the day of loading for the dispatch of meat products to the country of destination.

(c) Be drawn up, at least, in the language of the country of destination.

(d) The original copy must accompany the consignment of meat products.

Article 13.

All expenditure incurred in the implementation of Articles 11 and 12, in particular expenditure on the control of meat products, storage costs and any costs of destruction of such products. meat products shall be on behalf of the consignor, the consignee or his representative.

Single additional disposition.

This provision is made under Article 149.1, 10 and 16 of the Constitution.

Single repeal provision.

Article 13 of Royal Decree 1066/1990 of 27 July 1990 laying down the animal health requirements to be met by meat products intended for intra-Community trade and imported from countries is hereby repealed. third parties, as well as any provisions of equal or lower rank in so far as they are contrary to the provisions of this provision.

Final disposition first.

The Minister of Agriculture, Fisheries and Food is empowered to make the necessary provisions for the development of this Royal Decree.

Final disposition second.

This Royal Decree will enter into force on the day following its publication in the Official Journal of the State.

Given in Madrid to June 12, 1992.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

PEDRO SOLBES MIRA ANNEX A

(Model)

Certificate of veterinary inspection for meat products (1) intended for Spain

Number ..... (2)

Exporting country .....

Ministry .....

Service .....

Reference ..... (2)

I. Identification of the meat products.

Meat-based products from .....

(animal species)

Type of the pieces .....

Type of packaging .....

Number of pieces or packing units .....

Storage and Transport Temperature Required (3) .....

Conservation duration (3) .....

Net weight .....

II. The origin of the meat products.

Address (s) and veterinary authorization number (s) of the approved establishment (s) .....

III. Destination of the meat products.

Meat products are issued from .....

(Place of expedition) to .....

(Country and place of destination) by following transport (4) .....

Name and address of shipper .....

Recipient Name and Address .....

IV. Certificate of veterinary inspection.

The undersigned official veterinarian certifies:

a) That the meat-based products mentioned above;

That the label attached to the packaging of the meat products referred to above leads (n) the marcham certifying that the meat products are wholly sourced from fresh meat from animals slaughtered in slaughterhouses approved for export to the country of destination or, in the case of application of Article 21a (2) of Directive 72/462/EEC, of animals slaughtered in a slaughterhouse specially approved for the delivery of meat for the treatment provided for in that paragraph (5).

b) That meat products are recognised as fit for human consumption after a veterinary inspection carried out in accordance with the requirements of Directive 72 /462/EEC.

c) That meat products have been obtained from pork which has been/has not been subjected to a trichinella investigation and, in the latter case, has been subjected to cold treatment (5).

(d) that the means of transport, as well as the loading conditions of the meat products of such dispatch, are in accordance with the hygiene requirements laid down for dispatch to the eligible countries.

e) That meat products have been obtained from meat which meets the requirements of Chapter III of Directive 72/462/EEC and those of Article 3 of Directive 77 /89/EEC have been obtained by application of the derogation provided for in Article 21a (2) of Directive 72 /462/EEC (5).

Done on ..... the .....

(Signature of the official veterinarian)

(1) Meat products in accordance with Directive 77 /99/EEC.

(2) Optional.

(3) Complete in case of indication in accordance with Article 4 of Directive 77 /99/EEC.

(4) For

wagons and trucks, indicate the registration number, for the planes the flight number and for the ships the name.

(5) Strike out what does not apply.

ANNEX B

(Model)

Valid import control certificate for products based on imported meats from third countries

Member State in which control has been carried out ..... of import .....

Control Post

Meat-based product type .....

Packaging .....

Source third country .....

Products imported in accordance with Article 14 (2) of Article 21a of Directive 72 /462/EEC (1) .....

The undersigned official veterinarian certifies that the meat products, which are the subject of this certificate, have been checked at the time of dispatch.

(Date and place) (Official veterinarian's signature)

(1) Strike out what does not apply.

(ANNEX OMITTED)